Daniel Liong v. Eric Holder, Jr.

MEMORANDUM

Daniel Liong, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049,1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the BIA’s denial of CAT relief because Liong failed to establish it is more likely than not that he will be tortured by or with the acquiescence of government officials if returned to Indonesia. See id. at 1068 . We reject Liong’s contention that the BIA failed to properly evaluate the evidence. Thus, we deny the petition as to Liong’s CAT claim.

With respect to Liong’s withholding of removal claim, however, substantial evidence does not support the BIA’s finding that the incidents of mistreatment Liong personally experienced did not rise to the level of persecution. See Chand v. INS, 222 F.3d 1066, 1073-75…